South Australian Current Acts

COMMUNITY TITLES ACT 1996 - SECT 31

31—Amendment of scheme description

        (1)         The scheme description of a community scheme may be amended by unanimous resolution of the community corporation but only if consistency is maintained—

            (a)         with the plan of community division, the by-laws and the development contract or contracts (if any) of the community scheme; and

            (b)         where the scheme description relates to a primary scheme and a primary lot is divided by a secondary plan—with the scheme description, the by-laws and the development contract or contracts (if any) of the secondary scheme and if a secondary lot created by the secondary plan is divided by a tertiary plan, the scheme description, the by-laws and the development contract or contracts (if any) of the tertiary scheme; and

            (c)         where the scheme description relates to a secondary scheme and a secondary lot is divided by a tertiary plan—with the scheme description, the by-laws and the development contract or contracts (if any) of the tertiary scheme. ¹

        (2)         The community corporation must lodge a copy of the scheme description as amended (certified in accordance with the regulations) with the Registrar-General.

        (3)         The certified copy must—

            (a)         be endorsed by the relevant development authority; and

            (ab)         be endorsed with a certificate, in the form prescribed by regulation, from the person who prepared the amended scheme description or an officer of the community corporation certifying that the amended scheme description has been correctly prepared in accordance with this Act; and

            (b)         be accompanied by the fee prescribed by regulation.

        (4)         The corporation must provide evidence to the satisfaction of the Registrar-General that the amendment was made by a unanimous resolution of the corporation.

        (5)         The amendment comes into force when a certified copy of the scheme description as amended is filed with the deposited plan of community division by the Registrar-General.

Explanatory Note—

1         The scheme description is based on the plan of community division and the by-laws and development contracts must conform with the scheme description. It may be necessary, therefore, to amend the plan, the by-laws or a development contract when amending the scheme description.